FAS Considers Complaints of Stroi Invest Ltd
OREANDA-NEWS. June 08, 2008. The Federal Antimonopoly Service (FAS Russia), considering complaints of "Stroi Invest" Ltd., recognized validity of the actions of the Federal Agency for the Sea and River Transport ("Rosmorport" Federal State Unitary Enterprise) in the open bidding "Building the operational sea area of the commissioning reloading complexes (universal, mineral fertilizers, bulk goods, and a part of the cola terminal) in the northern part of the Ust-Luga Sea Commercial Port, the Kingisepp District, the Leningrad region" and the open bidding "Developing the sea area of the southern and northern parts of the Ust-Luga Sea Commercial Port, including the operational sea area of the container terminal in the Leningrad region", reported the press-centre of FAS Russia.
The Petitioner pointed out that the tender documentations did not define the procedures for bids evaluation and comparison, did not determine the criteria "organizational and technological scheme", "works execution period", "bidders qualification", and the procedures for contract price formation. "Stroi Invest" Ltd. also stated that some works commissioned by the state, as well as the choice of a specialized organization - the "Rosmorport" Federal State Unitary Enterprise - were made without bidding or without a quotation request. Furthermore, the wining bid failed to meet the requirements specified in the tender documentation in terms of the work deadline.
However, considering the case, FAS Russia established that the Ordering Party specified in the tender documentations the criteria for bids pre-qualification, their content and significance, the procedures for bids evaluation, and procedures for contract price formation under Part t4 Article 22, Parts 4 and 6 Article 28, Part 7 Article 65, of the Federal Law "On State and Municipal Procurement of Goods, Works and Services".
The Antimonopoly Service also established that the winning bid had met the requirements specified in the tender documentation. Having studied all the materials, FAS Russia concluded that some works commissioned by the state would be carried out in accordance with Part 6 Article 9 of the Federal Law "On State Procurement…" and that the "Rosmorport" Federal State Unitary Enterprise organized tenders in accordance with the Decree of the Government of the Russian Federation.
Therefore, FAS Russia recognized that the complaints were unfounded.
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